EASTHAMPTON — Does the City Council have the power to pass an ordinance that would prohibit the city’s resources from being used for federal immigration enforcement? And if the Council does, should it pass such an ordinance?
The two questions — which have opposite opinions from two attorneys — were the focus of a City Council Rules and Governmental Relations Subcommittee meeting on Thursday.
The ordinance is considered a so-called “sanctuary city” measure and was the topic of a contentious city-wide debate last year.
The council dropped the issue in Feburary 2017 after City Solicitor John Fitz-Gibbon said the board does not have the authority to issue an ordinance that would direct the day-to-day operations of the police department. That opinion was met with opposition by Bill Newman, an attorney with the western regional office of the American Civil Liberties Union.
The issue stayed quiet until last October when a group called the Easthampton Community Coalition filed a petition requesting Easthampton issue an ordinance or executive order, which would be done by the mayor, to prohibit the city’s resources from being used for federal immigration enforcement.
The “Easthampton Safe for Everyone” petition met the required 100 signatures needed to put it on the agenda, and the council decided to wait until the new term in January with a new mayor and councilors to take a fresh look at the idea.
At Thursday’s meeting, attorney and coalition member, Jesse Ladner, presented a three-page letter written by Newman and signed by himself and Robert Meeropol, an attorney and founder of the Rosenberg Fund for Children.
“The charter makes it clear that the Council has the authority to pass this Ordinance,” Newman wrote.
He noted sections in the charter that give the council “legislative powers of the city,” and the right to “prescribe functions” by ordinance to city agencies.
Mayor Nicole LaChapelle brought up the Lunn v. Commonwealth case where the Massachusetts Judicial Supreme Court ruled that state law provides no authority that says state court officers can arrest and hold a person solely on the basis of a federal immigration detainer.
She added that the proposed Safe Communities Act at the state level gives clear protection to immigrants and specific direction to local law enforcement officials that they cannot act as a federal immigration agent.
“As mayor, as a resident of Easthampton, I am deeply committed to ensure everyone is and feels safe in Easthampton and afforded all rights under the law,” LaChapelle said.
Police Chief Robert Alberti spoke about the Massachusetts Chiefs of Police Association endorsement for the Safe Communities Act.
Alberti said the department does not seek out immigration status, which is also important because it allows victims and witnesses of crimes to come to the police department without fear of deportation. He said those who commit crimes in Easthampton will be held accountable “no matter who you are and where you come from.”
Kae Collins of the Easthampton Community Coalition said an ordinance in Easthampton would live beyond the council, police chief and mayor, ensuring the practices are continued. An executive order could be reversed by a new mayor in the future, Collins said.
Of the some 40 people in attendance, the opinions were split.
Janice Hoffman, who survived a double-fatal accident on Hendrick Street in 2013, said the man who caused the two-car accident that killed her husband was an undocumented immigrant.
“This man should’ve been incarcerated. He came into the country illegally,” Hoffman said.
One resident said the designation would cause an influx of undocumented immigrants in the city and would be a “burden.”
Tristan Chambers, a supporter of the proposed ordinance, spoke of the importance of having a policy in place that could be used as a reference should questions were to arise about how the city handles federal immigration.
“Having this in writing will have more force in this issue,” Chambers said.
Subcommittee Chairman Dan Rist stated at the beginning at the meeting that with the efforts at the state level and his trust in the police department, he does not see a need for an ordinance in Easthampton.
“We’re here to listen,” Rist said. “Minds can be changed.”
The City Council Rules and Governmental Relations Subcommittee discussion will continue at 5 p.m. Tuesday at the Municipal Building, 50 Payson Ave.